Revolutionary War Pension and Bounty Land Warrant Application File W 21006, James Drake, N.H.

SERVICE
NUMBER
N.H.
Drake, James Hannah
W 21006
CONTENTS

5836
New Hampshire
James Drake
of Herimac in the State of N H who was a Private in the company commanded by Captain _____ of the Regt commanded by Col Walbridge in the N H fine for 6 Mths
M 81 a 31
Inscribed on the Roll of N H at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued on the 18 th day of Feby 1833 and sent Hon J. S. Happer Sec of Reps
Arrears to 4th of Feby 1832 $30 — Semi-ann. allowance ending 4 Mar 33 10 $40 —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G H e f 43 Lane Clerk, Book D — Vol. 1 st Page 150.
W

1716 New Hampshire Concord Hannah Drake widow of James Drake N.H. who served in the Revolutionary war, as a Private
Reported
Inscribed on the Roll at the rate of 20 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 2 nd day of Sept 1848, and sent to
S. E. Badger Concord N.H.
Recorded on Roll of Pensioners under act February 2, 1848, Page 69 Vol. 1,

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832
State of, New-Hampshire, } ss. County of Merrimack }
On this Sixth day of September 1832, personally appeared in open Court, before the Judges of the Superior Court of Judicature for said County , now sitting, James Drake a resident of Pittsfield - in the County of Merrimack and State of N. H. aged 75 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated
That he enlisted at Epping in the County of Rockingham and State of New Hampshire the last of October A.D. 1775 for two Months under Capt Simon Martin Enr Edgerly in New Hampshire line Marched to Portsmouth where then stationed at Gov. Wintermuths Buildings near his House served out then and its vicinity the full time of two Months and there honorably dismissed but did not take a written discharge
That he enlisted at Epping aforesaid the first of February A.D. 1776 for two Months under Capt Martin above, Lieut Sawyer , Enr Edgerly in Col. Waldron Regt in New Hampshire line Marched directly to Winter Hill , Stationed there at what was called the Deer House served there the full term of two months and was then honorably dismissed but did not take a written discharge
That he enlisted at Epping aforesaid the first day of October A.D. 1776 for two Months under Capt. Daniel Gordon , Lieut Zebulon Gilman in Col. Welch Regt in New Hampshire line Marched directly to Worcester and Springfield Mass. from thence to Hartford and New Haven Connecticut from thence to Peachtree from thence to Savannah in New York and there served out the full term of two Months and honorably dismissed but did not take a written discharge
That he actually served in the three above enlistments six Months
That he has no documentary evidence and knows of no Person whose testimony he can procure who can testify to his services.
That he was Born in Epping in the County of Rockingham & State of New Hampshire - lived there until he entered the service of the United States and since lived in Pittsfield until this time and now resides in same place
That he has the record of his age at his House in as Books

to be a written discharge
That he actually served in the three above entitled six months
That he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service.
That he was Born in Effingham in the County of Belknap & State of New Hampshire and then until he entered the service of the United States and since lived in Pittsfield until this time and now resides in same place
That he has the record of his age at his house in a book
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State,
James Drake
Sworn to and subscribed, the 6 th Sep. 1832
We, Abraham French residing in Pittsfield — and Stephen Leavitt residing in same Pittsfield — hereby certify, that we are well acquainted with James Drake —, who has subscribed and sworn to the above declaration ; that we believe him to be 75 years of age ; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Abraham French Stephen Leavitt
Sworn and subscribed the Sixth Sep. 1832
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court certifies, that it appears to them that James Drake A. French who has signed the preceding certificate, is — a — resident in the Town of Pittsfield and that Stephen Leavitt, who has also signed the same is resident in the Town of Pittsfield and are credible persons, and that their statement is entitled to credit.
I, Moses Eastman Clerk Clerk of the Superior Court of Judicature for said County do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of James Drake for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Tenth day of September 1832
Moses Eastman

I hereby certify that the within declaration is in the hand writing of Mr. West who is a man of truth and veracity and I have no doubt the whole was done in open court as it purports to be J. M. Barker M. G.
July 10 th 1833
12.921 Barker
J. M. Barker H. R.

321 " James Drake

State of New Hampshire Rockingham County ss. October 24, 1838.
Office of the Clerk of the Town of Hampton in said County ss.
I Josiah Dows Jr. Clerk of said Town hereby certify, that it appears by the records of said Town. That "James Dabne of Chichester & Hannah Ward of Hampton, were married December seventeenth seventeen hundred and eighty-one by Mr. Thayer" & I further certify that the above is a true record with the exception of the date, which is expressed on the record in fair legible figures as follows, "December 17 th 1781"
I Josiah Dows Jr. above named depose & say that I hold the Office of Clerk in said County, Town, & State aforesaid, & that the above is a true extract from the records of said town of Hampton with the exception above named as certified by me.
Josiah Dows Jr. { Clerk of the said town of Hampton
State of New Hampshire Rockingham ss. October 24, 1838. Subscribed
Sworn before me. Abraham D. Field Justice Peace

State of New Hampshire Rockingham ss. I, J. B. Gilson Clerk of the Judicial Courts within and for said County hereby certify that Abraham Nudd Esq. who has subscribed the within certificate is a Justice of the Peace within and for said County, and I believe the same to be his genuine signature.
In Testimony whereof I have hereunto set my hand & affixed the Seal of our Sup t Court of Judicature this Twenty Fifth day of October Anno Domini 1838.
J. B. Gilson Clerk J. H. Brock Clerk

I Noah W Drake a resident of Pittsfield in the County of Berkshire and State of New Hampshire of full age —
Testify and say that I am the fourth son of James Drake, and Hannah Drake of Pittsfield and know that my Father James Drake died on the twenty-seventh day of February 1834, and saw him after Death — Noah W. Drake
Shown to a Subscribed this twenty seventh day of March 1838. before me —
Edw. Goulter Justice of the Peace
I. Certify that the above named Noah W. Drake who has signed and sworn to the above affidavit is a credible person whose statements are entitled to full credit
Edw. Goulter Justice of the Peace

Hannah Drake
3767
Wid of James
NA
Ad July 7 1838
Married 1787
died 1834
Allen 6 m 2 f 20 p
am
W. H. West
Barnes N.Y.

Declaration In order to obtain the benefit of the Act of Congress of the 7 th July 1838. entitled an Act granting half pay and Pensions to certain widows
State of New Hampshire Meanemeth
On this twenty seventh day of November 1838. Personally appeared before me Hasee Chase Judge of the Court of Probate now holden in and for the County of M c namara & State aforesaid. Hannah Drake a resident of Pittsfield in the County & State aforesaid aged 75 years, who being first duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress, passed July 7 th 1838. entitled "An Act granting half pay and Pensions to certain widows."
That she is the widow of James Drake who was a Private in the Army of the United States in the New Hampshire Militia
That according to her knowledge and belief he served more than six months in the service of the United States who was a Pensioner under the Act of Congress of the 9 th of June 1832. at the rate of twenty Dollars per year.
(Filed as pension roll Feb 18 = 1838 under the head of M c namara)
Her proof of service reference will be had of the money office, produced when he obtained his certificate.
She further declares that she was married to the said James Drake the Seventeenth day of December AD 1801, ————— & Hampshire ss.

Following declarations, in order to obtain the benefit of the provision made by the act of Congress, passed July 7 th 1838, entitled "An act granting half pay and pensions to certain widows,"
That she is the widow of James Drake who was a private in the Army of the United States in the New Hampshire Militia —
That according to best knowledge and belief he served more than six months in the service of the United States who was a pensioner under the act of Congress of the 7 th of June 1832 at the rate of twenty Dollars per year.
(Filed as pension roll Feb 18 th 1833 under the head of Newbury)
For proof of service reference will be had at the above office, produced when he obtained his certificate.
She further declares that she was married to the said James Drake the Seventeenth day of December A.D. 1801, at Hampton N.H.
(as will more fully appear by proof hereto annexed)
That her husband the above named James Drake died on the twenty-seventh day of February 1834. (as will more fully appear by proof hereto annexed)
That she was not married to him prior to his leaving the service, but the marriage took place pursuant to the first day of January Seventeen hundred and ninety four, viz, at the time when stated.
She further declares that she has never married since the death of her above named husband, and still remains a widow.
Hannah Drake
Sworn to and subscribed the day and month year above written before me.
Horace Chase Judge of Probate

12, 92
James Drake
Phila
6 Months
Adm
$20
J. M. Harper
H.R.

12,921
BRIEF in the case of James Drake  of Merrimack Co in the State of N.H.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     last of Oct. 75 Jan 17 2 private Capt. Martin   1 Feby '76 2 " do Col. Waldrum   1 Oct 76 2 " Capt. Gordon Col. Welch    # on Gordon roll. — no other roll.
 5. In what battles was he engaged? Nine Mt. D.  6. Where did he reside when he entered the service? Epping N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  No Clary's Certif — no witnesses — Tradition  8. Are the papers defective as to form or authentication? and if so, in what respect?  Papers not authenticated properly 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. C. Easton Examining Clerk.
12 Feb 1833

Rev
WIDOW, &c.
File No. 21006
Hannah Drake
Widow of
James Drake
Rev Rev m rs
Act: Feb. 2 d  148
Index:—Vol. CH , Page 196
[Arrangement of 1870.]

Job Brake. Parts Agg (N.H.). June 7. p 20.
When paid - H.H.L.
Dec 26 th Feb 1834 p 7. That part of H

2398.
New Hampshire Conn.
Hannah Drake widow of James Drake who was a Private in the New Hampshire for 6 months
Paid Oct 24
Inscribed on the Roll at the rate of 20 Dollars Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 24th day of Oct. 1843. and sent to
Wm West, Cancor N.H.
[Act of March 3, 1843.]
Recorded in Book S Vol. 1 Page 23.

3245-
Rep'd
13
+
New Hampshire
Hannah Drake.
widow of James Drake, Dec: - who was a pensioner under the Act of 7 June, 1832, and who died on the 26th: February, 1834 - of Merrimack in the State of N. H. who was a private - in the _____ commanded by Captain _____ of the Reg't _____ commanded by Col: Waldron in the New Hampshire line for 6 months
Inscribed on the Roll of Concord - at the rate of 20 Dollars - Cents per annum, to commence on the 14th day of March, 1836.
Certificate of Pension issued the 21st day of June 1839 and sent to Col: West, Concord, N. H. -
Arrears to the 14th of Mar. 1839 $ 60.00 Semi-annual allowance ending 4 Sept 10.00
$ 70.00
{ Act July 7, } 1838. }
Recorded by M c Keyart Clerk, Book A Vol. Page 38-

N 600 2398
March 11 1898
Admitted
March 11 1898
March 11 1898
March 11 1898
J. E. Badger Concord N.H.

DECLARATION
In order to obtain the benefits of the Act of Congress of 2d February, 1848, entitled "An Act making further provision for surviving Widows and Soldiers of the Revolution."
STATE OF NEW-HAMPSHIRE. }
County of Merrimack ss. }
ON THIS thirtieth day of June 1848 personally appeared before the subscriber, a Justice of the Peace in and for said County, Hannah Drake resident of Pittsfield in the County of Merrimack aged Eighty four years, who, being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 2d February, 1848, granting pensions to Widows of persons who served during the Revolutionary War: That she is the Widow of James Drake who was a Soldier of the Revolution . That the said Hannah Drake was pensioned and received the annual amount of twelve Dollars per annum under the Act of the 17th of June 1844. Reference being had to the evidence now on file in the Pension Office at Washington.
She further declares that she is still a widow.
Witness Chas. H. Butters, Wm. Drake
Hannah Drake mark
Sworn and subscribed on the day and year above written—Before
Chas. H. Butters , Justice of the Peace.
I FURTHER CERTIFY, That the above Declarant is personally known to me.
Chas. H. Butters Justice of the Peace.
State of New-Hampshire.
Merrimack COUNTY, ss.
I, Nathaniel B. Baker Clerk of the Court of Common Pleas, of the County and State aforesaid, do hereby certify that Charles H. Butters is a Justice of the Peace in and for said County, duly commissioned and qualified; that his commission was dated on the fifteenth day of December 1843 and will expire on the fifteenth day of December 1848 and that his signature above written is genuine. according to the best of my belief & opinion
Given under my hand, and the seal of said Court this 23 d day of August 1848
N. B. Baker CLERK.

STATE OF NEW-HAMPSHIRE,
Merrimack } b. November 27 th 1838
I Noah W. Drake —, a resident of Pittsfield — in the County and State aforesaid, of lawful age, testify that I have known and been acquainted with Hannah Drake —, a resident of Pittsfield —, in the County and State aforesaid, and James Drake —, her husband, for many years past, and know that the above named Hannah Drake — has never married since the death of her above named husband, and still remains a widow. Noah W. Drake
Sworn and subscribed to, the day and year above mentioned, before me,
Edw. Goulder } Justice Peace.
I CERTIFY that the above named Noah W. Drake —, is a creditable person, whose statements are entitled to full credit.
Edw. Goulder Justice Peace.

STATE OF NEW HAMPSHIRE.
OFFICE OF SECRETARY OF STATE.
I JOSIAH STEVENS, JR. Secretary of the State aforesaid, do hereby certify that Horace Chase is an acting Judge of the Court of Probate in and for the county of Merrimack duly Commissioned and qualified; that his Commission was dated on the 8 th day of January 1833 - and will expire on the 14 th day of December 1851 and that his signature to the annexed instrument is genuine.
Given under my hand and the Seal of said State this 12 th day of
June
1839
Josiah Stevens
Secretary of State.

STATE OF NEW HAMPSHIRE.
OFFICE OF SECRETARY OF STATE.
I JOSIAH STEVENS, JR. Secretary of the State aforesaid, do hereby certify that Abraham Nutt is an acting Justice of the Peace in and for the county of Rockingham duly Commissioned and qualified; that his Commission was dated on the 11 th day of June 1836 and will expire on the 11 th day of June 1841 and that his signature to the annexed instrument is genuine.
Given under my hand and the Seal of said State this 12 th day of
June
1839
Josiah Stevens Secretary of State.

STATE OF NEW HAMPSHIRE.
OFFICE OF SECRETARY OF STATE.
I JOSIAH STEVENS, JR. Secretary of the State aforesaid, do hereby certify that Edward Gould is an acting Justice of the Peace in and for the county of Merrimack duly Commissioned and qualified; that his Commission was dated on the 15 th day of June 1835 and will expire on the 15 th day of June 1840 and that his signature to the annexed instrument is genuine.
Given under my hand and the Seal of said State this 12 th day of
June 1839
Josiah Stevens Secretary of State.

2646
Hannah Drake 1843
$20 per ann
Wm West Concord N. H.

State of New-Hampshire.
Office of Secretary of State.
I, John Town Deputy Secretary of the State aforesaid, do hereby certify that Moses Norris Jr. is an acting Justice of the Peace, in and for the County of Merrimack duly Commissioned and qualified; that his Commission was dated on the thirteenth day of May 1840 and will expire on the thirteenth day of May 1845 and that his signature to the annexed instrument is genuine.
Given under my hand and the Seal of said State this eleventh day of
July 1843
John Town Deputy Secretary of State.

DECLARATION.
In order to obtain the benefits of the Act of Congress of the 3d March, 1843, granting pensions for one year to certain Widows who have received pensions under the Act of July 7, 1838.
STATE OF NEW HAMPSHIRE.
On this Thirtieth day of June - 1843. Personally appeared before
Moss Norris a Justice of the Peace in and for the County and State aforesaid, Hannah Drake a resident of Bethlehem in the County of Merrimack and State aforesaid, aged 79 years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 3d day of March, 1843, granting pensions to Widows of persons who served during the Revolutionary War.
That she is the Widow of James Drake who was a Private during the Revolution in the New Hampshire Militia .
That she was a pensioner under the Act of 7th July, 1838, which she received at the rate of Twenty dollars cents per annum,
She further declares that she is still a Widow.
Witness } M. Drake } Moss Norris
Hannah Drake
Sworn to and subscribed on the day and year above written, before me.
Moss Norris Justice of the Peace
I certify that the above named declarant is personally known to me, - That she is a credible witness, whose statements are entitled to full credence.
Moss Norris Justice of the Peace

Hon. S. L. Edwards Carnegie Institution Washington D.C.

Sir
Concord N.H. July 11 th 1848
I herewith transmit to the Department the Declaration of Hannah Drake, widow of James Drake, for a pension under the Act of Congress of 3 March 1843.
When examined please to return the result to me, at Concord N.H. P. Office.
I am very Respectfully your Obl d Servant
Hon. J. S. Edwards Commissioner of Pensions
W. West Atty for claimant

12,921
James Drake
J. M. Harper HR

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of James Drake which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? — IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service ?
No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?
No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had ?
Yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
No
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service ?
XVI. ‡ Are the papers authenticated as the regulations direct ?
No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ?
Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.